Travelling outside of US with 140 RFE

[manmohan429]

Hi,

 

  Currently am on L1A with an approved petition till April 2017. My GC is filed under EB1C with 140 and 485 concurrent and I received my EAD/AP card. Unfortunately last week USCIS requested RFE for 140.

 

   Next month am planning to travel outside of US, during that time planning to go for stamping because I don't want to use EAD/AP. The reason behind it if I enter on EAD/AP my L1A petition is no longer valid and I will be on EAD status. If the 485 is rejected I will be out of status and need to leave the country.

 

   I have couple of questions and needed your advice.

 

1) Is it a good idea to travel outside of US when your 140 is under RFE

 

2) In the consulate can they issue the visa when I have approved EAD/AP

 

3) If the Visa is issued can I use it to enter into US instead of EAD/AP

 

4) If the visa rejected in the consulate will the approved petition cancelled automatically. Will it automatically stop 140 process too.

 

Thanks

[pontevecchio]

Why would a L1 visa be rejected? I assumed a lawyer filed the petition and not you? Run it by him.

 

To answer your questions,

 

1. It depends. Not prohibited.

2. L1 is dual intent and so, YES.

3. Yes, If you are coming to take up the L1 job.

4. No connection AT ALL between the two in the absence of proven fraud.

 

The problem arises if the I-140 is revoked while you are abroad and you try to use AP. Your plan seems sound. KEEP the Lawyer in the loop.